Van Vliet & Place, Inc. v. Gaines
New York Court of Appeals
162 N.E. 600, 249 N.Y. 106 (1928)
- Written by Whitney Kamerzel , JD
Facts
Martha Gaines (defendant) hired a real estate broker, Van Vliet & Place, Inc. (the broker) (plaintiff) to locate a buyer to purchase Gaines’s property in Manhattan. At the real estate closing, the purchaser refused to take title due to a covenant in the deed dating back to 1834 that prohibited offensive occupations from taking place on the land and reverted ownership of the land back to the prior owners if the covenant was violated. Gaines was not aware of the covenant until the real estate closing. The broker sued Gaines to recover its unpaid commission on the sale notwithstanding the purchaser’s refusal to take title to the property. The trial court held that the broker was entitled to its commission even though the title was rendered unmarketable, and the court of appeals reversed. The broker appealed.
Rule of Law
Issue
Holding and Reasoning (O’Brien, J.)
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